Article II. On the Subject of Matrimony

1557. Principles. - I. The subject of the Sacrament of Matrimony is every baptized man or woman laboring under no impediment, whether natural, divine, or canonical.

I said: 1° every BAPTIZED man or woman; for men not baptized are not capable of the Sacraments of the Church, as is clear. I said: 2° laboring under no impediment; for although of itself every baptized man or woman is a capable subject of the Sacrament of Matrimony, yet accidentally many are barred from validly contracting Matrimony on account of diverse impediments, whether of natural law, divine law, or ecclesiastical law, as will be said below in its place.

Hence: 1) The Matrimony of infidels, although it can be valid in the character of a contract, nevertheless is not a Sacrament. Indeed, the faithful person himself contracting Matrimony with an infidel, even by dispensation of the Pope, according to the common opinion against a few, will not receive the Sacrament. For the sign of the union of Christ with the Church, conferring sacramental grace, consists neither in the union of the man, nor in the union of the woman, but in the union of each.

2) Heretics and schismatics, who in entering Matrimony accurately and integrally observe the laws of the Church which pertain to the substance of Matrimony, validly contract and are fortified with the Sacrament, since there is nothing which can obstruct the value of this Sacrament. This very thing is confirmed by the practice of the Church, which in no way forces them to renew consent if, repenting, they return to the unity of the Catholic Church. - Thus all.

II. The spouses contracting Matrimony ought to be in the state of grace, because Matrimony is a Sacrament of the living. Those who contract stained with mortal sin become guilty of sacrilege, nor do they perceive the sacramental graces necessary for spouses. More truly, nevertheless, those graces are only suspended and, the obstacle or mortal sin being removed, are applied to the soul, as we said n. 1242. - For practice, if no fruit is hoped for from admonition, it will almost be better not to admonish the unworthy person concerning the sacrilege of the one approaching unworthily, so that thus at least he may sin less; and he will rather have to be induced that at least as soon as possible he approach to confess.

1558. Questions. - Quaer. 1° Ought the Pastor to require that Confession be premitted to Matrimony, or that a certificate of Confession be exhibited by the spouses?

Resp. See the things said n. 1544.

Quaer. 2° Is it licit to enter Matrimony with a public sinner?

Resp. Affirmatively, if 1) one cannot recede from Matrimony without grave inconvenience, and 2) there is not question of one excommunicated by name. The reason for the first is because it is only material cooperation and from a proportionate cause; the reason for the second, because with such persons it is not licit to communicate in Sacred things.¹ See the exception as regards one excommunicated by name, n. 1243. q. 5°.